South Africa - Johannesburg - 08 April 2024 - MK party Jacob Zuma addresses his party followers outside the Johannesburg high court, Zuma was in court to challenge IEC's decision to bar him from contesting elections.Picture: Itumeleng English/ Independent Newspaper.
The Electoral Commission of South Africa’s (IEC) dispute over whether former President Jacob Zuma should serve in Parliament will be heard by the Constitutional Court on May 10.
This will be exactly 19 days before the much anticipated 2024 national and provincial elections. They will be held on May 29.
The urgent case set by Deputy Chief Justice Mandisa Maya will focus on whether Zuma’s sentence to prison hindered his ability to be a member of parliament but this time under the Umkhonto weSizwe (MK) Party.
Initially, Zuma was barred from the list of candidates contesting the elections after he was sentenced to jail for 15 months for contempt of court in July 2021.
But he was then announced as the face of MKP two weeks ago. This is after the Electoral Court ruled that he will be on the ballot representing his party.
He is candidate number one on the party’s list for the National Assembly.
But according to Section 47 of the Constitution, anyone who has been convicted or sentenced to more than 12 months in jail, is not barred from holding public office including the National Assembly.
“But no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired,” the section states.
Zuma only served two months in jail and was released on medical parole. So this would mean that he can stand as an MP.
However, on Friday, the Electoral Court ruled that Zuma was eligible to stand as a member of parliament because he could not appeal the judgment of the Constitutional Court, which sentenced him to 15 months in prison.
This was the court providing reasons for Zuma to stand. The former president has been in and out of court since he announced his endorsement of MKP in December.
He was accused by the ANC of stealing the legacy of MK, the armed wing of the ruling, and also using the same logo as theirs.
The courts have cleared him on that.
kamogelo.moichela@iol.co.za
IOL Politics